JANTA DAL MILL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) The writ application had been filed by the Petitioner seeking various reliefs. However, subsequently by order dated 2.12.1999 learned Counsel for the Petitioner was permitted to confine the writ application to the issue relating to Dal Mill, which was relief No. (iv) of para-graph-1 sought by him, namely, to restrain the Respondent authorities from interfering with the business of pulses, the factory of which is located at Gosaibagh, Gaya as no licence is needed under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Unification Order') for carrying on business of pulses.

(3.) The dispute in the present matter arose on account of the non-renewal of the licence for foodgrains of the Petitioner by the District Magistrate, Gaya, against which the Petitioner moved before the Commissioner in appeal which was also rejected. However, the case of the Petitioner is that the Petitioner carries on mainly the business of pulses and the Unification Order is not applicable to the said business as no licence fee is prescribed for the same and, therefore, the District authorities acting under the Unification Order have no jurisdiction to interfere in the matter of business of pulses including running of the Dal Mill situated at Gosaibagh, Gaya.